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How can I stop what I think is unfair garnish

Date: Sun, 11/19/2006 - 18:56

Submitted by anonymous
on Sun, 11/19/2006 - 18:56

Posts: 202330 Credits: [Donate]

Total Replies: 3

How can I stop what I think is unfair garnish


I attended a university in Evansville,Indiana and apparently I left with a remaining balance. I was not aware that there was a remaining balance; I understood that my financial aid/student loans were sufficent. For some reason they were mailing my bill to my parents address. This was not the proper address to contact me. I never knew of any bill until the sherriff deputy arrived at my parents house to issue a form saying I must appear in court. I immediately contacted the university and explained the matter and was advised to set up a payment contract directly with the university. I agreed and the university agreed to mail me a contract to sign. I never got a contract to sign, but what I did recieve was a letter to my job saying they were starting to garnish my wages. Now my wages are being garnished and I was willing to take care of the debt without the matter going to this level. The university has my correct address and I don't understand why they mailed the bill to my parents address which caused me to not know of it. My parents are up in age and they say we from time to time get junk mail so thats all I understood that was mailed to that address. Now I'm being garnished and I think its unfair? Is it anything I can do to stop it any further? My name is nathan austin

[color=red]Email removed as per forum rules-Mike[/color]


Hi Nathan (austinfamily2004) welcome to the boards, there are many that will help you here so keep reading and posting. Did you have financial aid with the University? Do you still have the original loan documents and registration/fee schedule? when you filled out your financial aid form were you still living with your parents 9were you under 25 yrs od age) Request from the University a schedule of your bills for each semester, that is a good start. Did you graduate from this University, if so most of the time you can't receive your cap/gown/and or deiploma until all fees are paid, so I would question the bill. Keep posting and many will help here.


lrhall41

Submitted by PDLFREE on Sun, 11/19/2006 - 19:52

( Posts: 1245 | Credits: )


Hi Nathan.

I'm sorry, your situation is unfortunate. It's difficult to stop a garnishment already in action without filing bankruptcy, but it can be done. Basically, all you can do at this point, since the deductions have already begun, is talk to the creditor and explain what happened. Sometimes they will be willing to drop the writ and accept payments from you. HOWEVER..The garnishment only lasts 90 days, and it really may be in your best interest to allow the garnishment to continue, since the max garnishment on a student loan is 15%, and any payment arrangement the creditor would accept would be higher than that. Also, the black mark is already on your credit report, there is nothing you can do about that.

I'm sorry about this situation, it really does suck. If you need help or have any questions, I work in payroll/HR and would be glad to help. Good luck.


lrhall41

Submitted by finsfan13 on Mon, 11/20/2006 - 13:08

( Posts: 6919 | Credits: )


When you receive a summons, you must answer it and appear in court. You may have set up a plan with the school, you did you go to court??? If not, they got a judgement against you. With a judgement they will garnish you to the max that your state allows. 15% student loan garnishment does not apply to judgement accounts.

When you leave a school, it is your responsiblity to make sure that the school has your correct mailing address. A forwarding order with the postofice is NOT sufficent.

You should be able to log in or request a copy of your student account from the school to see what FA was applied and what the charges were for.


lrhall41

Submitted by SOAPLADY on Fri, 02/09/2007 - 22:05

( Posts: 17315 | Credits: )